ORS 166.400 Requirement that firearm be locked during transfer; penalties; civil liability

If a person transfers a firearm and a criminal background check under ORS 166.435 is required prior to the transfer, the person shall transfer the firearm:

With an engaged trigger or cable lock; or

In a locked container.

A violation of subsection (1) of this section is a Class C violation.

Each firearm transferred in violation of subsection (1) of this section constitutes a separate violation.

If a firearm transferred in a manner that violates subsection (1) of this section is used to injure a person or property within two years of the violation, in an action against the transferor to recover damages for the injury, the violation of subsection (1) of this section constitutes per se negligence, and the presumption of negligence may not be overcome by a showing that the transferor acted reasonably.

Subsection (3) of this section does not apply if the injury results from a lawful act of self-defense or defense of another person.

This section does not apply to:

The transfer of a firearm made inoperable for the specific purpose of being used as a prop in the making of a motion picture or a television, digital or similar production.

A transfer that occurs when a firearm is taken from the owner or possessor of the firearm by force.